Received LBC 1 year and 10 months after final response from Euro Parking Services!

[MstrPaine]

Hi

I received a Letter Before Claim recently after 1 year and 10 months from Euro Parking Services's final response advising that they will refer the file to their solicitors Gladtones. As you can imagine I was shocked that this was still ongoing due to the length of time that has passed. I only by chance happened to receive this letter as I know the person who now lives at my old address and it states on the letter from Gladstones that I have until the 22nd May 2021 essentially to respond to as any responses received after this date may see legal proceedings taking place already.

I am seeking advise on how to now proceed and will give a run down of events to date.

26/06/2019 - I receive NTK PCN which states not parked correctly within markings of the bay for period of parking times states 12:42 to 12:49 (7mins - but this was not stated on the PCN and actual time stamp of images of my vehicle time is 12:43 and then of empty space 12:42) - as the registered keeper of the vehicle this did not make sense to me so I ignored it.

25/07/2019 - I receive a final reminder this time they include two images of my vehicle time stamped at 12:43 and 12:44, however I have circled in yellow on the time stamped image of 12:44 you can see that there is a car in front of my vehicle and access to the car park is restricted by one way so if there are 2 or 3 cars in front of you you can only go one way which is backwards to let cars out. Now the driver has advised this is what he has done and as there was no spaces left to go into immediately they saw someone coming to returning to their vehicle and had the intention to drive into that space. (once again I choose to ignore this letter following some advice taken from other forums)

23/08/2019 - I receive 1st letter before court action from Euro Parking Services which I then respond to

11/09/2019 - see attahced my response.

25/09/2019 - I receive a generic letter from Euro Parking Services advising they have reviewed my appeal (I did not appeal anything as to my understanding they have not explained the context to what they claim to be a breach of contract) and include 3 photos time stamped at 12:30 (picture of sign), 12:42 (picture of empty space) 12:48 (picture of three empty spaces)

29/09/2019 - I submit my response to their last letter and the pictures provided please see attached

28/11/2019 - I receive 2nd letter before court action from Euro Parking Services but agin choose to ignore it.

18/10/2019 - I receive letter from Euro Parking Services saying thank you for your letter requesting information or documents, once the file is referred to our solicitors, the complete bundle will be provided as per the civill procedure rules (Admittedly I should have responded to this claim but chose not to)

22/04/2021 - I receive Gladstones letter before claim which is where we are to date and require some assistance as to how I should now proceed.

( I am not authorised to upload photos but hope what I have put can help)

[ostell]

Use a hosting site such as imgur for your images and put a link on here.

So post up the original PCN suitably redacted but leave dates

[MstrPaine]

Thanks OSTELL please kindly see linkbelow

https://imgur.com/a/PEH7Ej9


Also doing some further research I am sure under the ATA Code/practice the person would be allowed 10 mins grace to suitably read any contract to understand potential breaches and as they claim vehicle was there for 7 mins would they have a case in court?

[ostell]

Please edit and post up an image that can be read

Has the driver been identified, yes or no?

[MstrPaine]

Hi

please kindly see new link

https://imgur.com/a/CUTr3Lj

and no the driver has not been identified, all communication has been done on the basis that as the registered keeper I require the relevant information to understand what has in fact transpired.

[ostell]

So the original NTK has been served too late to hold the keeper liable, it missed the 14 day relevant period required by POFA 9 (4). The warning of keeper liability is not in the format required by 9 (2) (f). The period of parking is not given as required by 9 (2) (a). A phot of an empty space is not really proof of parking and timings when entering and moving cannot be parking.

So basically they have not complied with the requirements of POFA to be able to hold the keeper liable.

Explain this to Gladstones that there can be no keeper liability.

Have a read of this case:https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0 and explain to them that in the Beavis appeal the court decided that the initial fee was sufficient to cover debt recovery costs and the additional £60 they are charging is an abuse of process.

[MstrPaine]

Thank you I will compile my letter of response tonight and update on how I get on

["NIB"]

Hi Mstrpaine
I am at the same stage as you, two years in. Same car park as well. There is so much wrong with my PCN as well. Invalid LTK, but Gladstones on the case as well and just won't accept that they are in wrong! Where are you at now?